Tuesday, October 16, 2012
Law 8th Circuit Court upholds funeral protest law
Posted By Max Brantley on Tue, Oct 16, 2012 at 12:20 PM
The 8th Circuit U.S. Court of Appeals upheld today a Missouri city ordinance aimed at picketing and other forms of protests at funerals. Such protests may be limited, the court said, as to time, place and manner — in this case 300 feet from a service during and for an hour on either side of the service. Arkansas and Congress have passed similar laws.
The U.S. Supreme Court had earlier overruled a damage suit by a father whose military veteran son's funeral was targeted by the Westboro Baptist Church of Topeka for one of its many protests at military funerals, loosely built around denunciations of homosexuality. But, the 8th Circuit said, that Supreme Court decision made clear it was for the specific case at which protesters had complied with an even stricter law on funeral limits. It left the door open to some restrictions. The 8th Circuit decided today there was a significant public interest in protecting "the privacy interests of funeral attendees," equivalent to that extended to people in their homes and, by statute, people seeking to enter health facilities.
The full 8th Circuit heard the case and none dissented, though a concurrence from Judge Lavenski Smith of Arkansas noted:
... this court is extending the circumference of what this circuit has previously found constitutes a significant government interest. The uniqueness of the funeral assembly justifies it. We must be concerned, however, that few, if any, other places become walled off to the free expression of ideas due to their potential effect on the hearer.
Comments (9)
Showing 1-9 of 9
More by Max Brantley
-
Winds, race and an open line
The open line includes power outages, Republicans and racism.
- Jul 21, 2018
-
EPA sues over 2013 oil spill near Magnolia
The oil spill many probably never heard about — far bigger than the Mayflower pipeline rupture — has now led to a federal lawsuit against the owner of the operation in Magnolia where the spill occurred.
- Jul 21, 2018
-
Another ranking, another low score for Arkansas as a place to do business
Another ranking is out with a bad finish for Arkansas. But remember, as Lindsey Millar's cover story this week tells us, these statistical mashups don't mean much, except, perhaps, that they might contribute to perceptions by others.
- Jul 21, 2018
- More »
Readers also liked…
-
Trump immigration protest at LR: Quick and fierce
It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
- Jan 29, 2017
-
Use of solar on the rise in Arkansas
With a pivotal ruling expected any day now from the Public Service Commission, Kyle Massey at Arkansas Business reports on the increase in Arkansans adding solar generation units on their homes and business.
- Apr 13, 2018
-
Campus gun bill clears committee
The so-called compromise amendment that will allow anyone 25 or older with a training certificate carry a concealed weapon on public college campuses was approved in a Senate committee this afternoon.
- Feb 21, 2017
Site Index
News
Cover Story / Arkansas Reporter / The Week That Was / The Observer / Editorial / Max Brantley / Ernest Dumas / Gene Lyons / Jay Barth / Words / Guest Writer / Letters
Entertainment
A&E Feature / To-Do List / In Brief / Movie Reviews / Music Reviews / Theater Reviews / A&E News / Art Notes / Media / Dining Reviews / Dining Guide / Calendar / Gallery Listings
Arkansas Blog - Max Brantley
The Taliban Couldn't Quash This Pakistani Squash Champ
KUAR Newsroom
RT @NLRElectric: NLRED is experiencing a widespread power outage due to the Westgate Switch Station loosing transmission from Entergy. Ente…
Fox16 News
Heads up NLR folks https://t.co/nXQBlok2QY
KARK4News
"Words cannot convey how profoundly our hearts are breaking" | Deaths at 17 in tour boat sinking on Table Rock Lake… https://t.co/lL7qeaBp0Q
Arkansas Democrat-Gazette
Most Recent Comments
-
Re: Winds, race and an open line
Trump to replace the national anthem with god save the traitor to the tune Of…
- on July 22, 2018
-
Re: Baxter Bulletin: Jail 'scandal' in Baxter County touches three female jailers
hmmmm Did you just report that a patrol Officer and a female Jailer had sex?…
- on July 22, 2018
-
Re: Winds, race and an open line
"Trump Demands That NFL Players Stand During Russian National Anthem."--Andy Borowitz "Putin Says Cohens Trump…
- on July 22, 2018
Slideshows
-
Protest against the proposal to detain immigrant children in Arkansas on the capitol steps, Thursday, June 21, 2018.
-
Arkansas Poor People’s Campaign rally on the State Capitol steps, Monday, May 14, 2018 in Little Rock.
-
Enjoy these photos from today's dedication and re-installation of a new Ten Commandments monument. The first iteration of the monument was installed last June but destroyed within the next 24 hours when it was rammed by a man in a Dodge Dart.
This Week's Cover
Quick Links
Special Publications
RSS
Facebook
Twitter